Power of Attorney Lawyers and Solicitors in Sydney

A power of attorney is a document by which one person, the principal, authorises another, the attorney, to make financial or legal decisions on their behalf. In New South Wales these documents are governed by the Powers of Attorney Act 2003. A general power of attorney ends if the principal loses mental capacity, while an enduring power of attorney is designed to continue. A different document, an enduring guardianship appointment under the Guardianship Act 1987, covers health and lifestyle decisions rather than money and property.

Making a valid enduring power of attorney

An enduring power of attorney must be in writing, signed by the principal and witnessed by an authorised witness such as an Australian lawyer, who must certify that they explained the effect of the document. The attorney also signs to accept the role. Documents dealing with land are registered with NSW Land Registry Services. An attorney owes duties to act in the principal's interests and to keep their money separate.

Tribunals and courts

When a person lacks capacity and has no valid appointment, the Guardianship Division of NCAT can appoint a guardian or a financial manager, and the NSW Trustee and Guardian can be appointed to manage finances. NCAT can also review or revoke a power of attorney. The Supreme Court of New South Wales hears contested cases about the validity of documents and alleged misuse of authority.

Legal aid and free services

Legal Aid NSW has limited funds for this work. Seniors Rights Service provides free advice and advocacy to older people in New South Wales, including on elder abuse and financial exploitation, and LawAccess NSW can refer people to other services. The NSW Trustee and Guardian offers some information on its website.

What to bring to a first meeting

• Photo identification for the principal
• Full names and contact details for the proposed attorney and any substitute
• A summary of assets, accounts and properties the attorney may handle
• Existing powers of attorney, wills or guardianship documents

Checking a solicitor

A solicitor must hold a current practising certificate, shown on the Law Society of NSW register. Barristers are listed by the NSW Bar Association.

The practitioners listed here assist clients in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches, and some visit clients at home or in hospital.

The listings below are alphabetical and are not ranked.

Common questions

What is the difference between an enduring power of attorney and an enduring guardian?

An enduring power of attorney lets an attorney deal with money and property. An enduring guardian is appointed under the Guardianship Act 1987 to make decisions about health care, medical treatment and where a person lives, once the person cannot decide for themselves. Many people make both documents, naming the same or different people.

What happens if someone loses capacity without a power of attorney?

A family member or other interested person can apply to the Guardianship Division of NCAT for a guardianship order, a financial management order, or both. The tribunal decides whether the person lacks capacity and who to appoint. The NSW Trustee and Guardian may be appointed to manage finances if no suitable private manager is available.

Can a power of attorney be cancelled?

Yes. A principal who still has capacity can revoke an appointment in writing and should notify the attorney and any institution that holds the document. An appointment may also end on the principal's death, the attorney's death or loss of capacity, or by order of NCAT. Land dealings may require notification to NSW Land Registry Services.